The History of Caroline County, Maryland, From Its Beginning,
1920, pp. 45-49

FOREWORD TO THE TRIAL OF POH POH CAQUIS(Adapted from the Maryland Archives)

On the 18th day
of December, 1682, Poh Poh Caquis, Indian of the Eastern Shore,
Maryland, came to the home of William Troth at Dover Bridge. Troth
was absent from home but, the Indian being cold, Mrs. Troth permitted
him to sit by the fire.
After an hour had passed
Troth
returned, accompanied by John Shepherd, a neighbor. A few
minutes later as the Indian, Troth and Shepherd conversed
together Thomas Bussey came to the door.
As Troth turned to
speak to Bussey, Poh Poh Caquis seized his gun and fired directly
at Troth, but failing in this attacked him with his tomahawk, then
ran away followed by Troth, Shepherd and Bussey. Although
he finally escaped Poh Poh Caquis carried with him a load of buckshot
from Troth’s gun.
Fearing further trouble,
on Dec. 22, 1682, Troth went to the home of John Edmondson
where Col. Philemon Lloyd, a member of the Governor’s Council, was
visiting, and made formal complaint against Poh Poh Caquis.
Lloyd at once wrote to the Governor, and later when the Council met
definite action was taken. At this meeting only four members of the
council were present, namely:
The Hon. Col. Thomas Zailler,
The Hon. Col. Vincent Lowe,
The Hon. Col. William Burges,
The Hon. Mr. John Darnall.
The Council appointed as a Special Commission “to go examine and try”
the case of Poh Poh Caquis the Honorable Henry Coursey, Esq.
And the Honorable Colonel Philemon Lloyd.
The Hon. Henry Coursey, Esq., was President of the Commission
which met at Wye River, Talbot Co., March 5, 1683.

Pres. of Court. (Calls order):
This body has convened today
for the trial of one Poh Poh Caquis, Indian of the Eastern Shore, subject
to Ahatsawak of Assoteaque. Will the constable bring the prisoner
into Court.

Pres. of Court (Addressing assemlage.):
Gentlemen, we have before
us today, in the Sub-Court of King George in the Province of Maryland,
a case of much interest to our Red brothers as well as the White man,--that
of an Indian for an evil attack on his white brother.
Red men, our Rt. Honorable
Lord Proprietor gave you a convenient dwelling place free from the encroachment
of the white man. It is the will of his Lordship, Gov. Charles Calvert,
that you have such a home.
King Abasco and King Tequassimo
have in past times given testimony of their fidelity. Shall that
fidelity be broken now? The charge is that Poh Poh Caquis has placed
himself under the law of the Province of Maryland by attempting murder.
The Secretary has the complaint as made by one William Troth to Colonel
Philemon Lloyd, while at the home of John Edmondson, Dec. 22, 1682.
Let the Secretary read the Indictment.

Secretary to President (Reads):
About the 18th day of December
(1682) came an Indian to my house about two o’clock in the afternoon.
I, not being present in the house and the said Indian pretending to be
cold, my wife bid him go to the fire and there he was about an houre.
By this time my wife sent for me an when I came into the house the said
Indian came from where he had been sitting by the fire and look’d upon
me, but said not a word to me not I to him; then straight-way returned
to the fire again. I went to where he was sitting by the fire with
his Gunn standing by him. I spoke to him and said, “How is Ketop.”
“Howan Pawmen kees,” he replied in Delaware.

Governor’s Council (Addressing Pres.):
Your Lordship, may I address
William Troth.
(Pres. bows assent and Troth rises facing G. C.)
(Addressing Troth) Do you affirm the truth of this indictment as read
in part before this court.

William Troth:
Your Lordship, I do (sits)

Secretary of Pres (reads):
John Shepherd, sitting by
the fire, said, “He tells me he is a Delaware Indian, and that there are
two hundred Senniquox Indians hard by,” I said, “Pish, does thou believe
him what he talks of. He lies.” The Indian make answer he did
not lie, for I should see them by and by. I made answer I would not
see them if I could help it, but he said I should and forthwith fell ahollowing.

Governor’s Council (Addressing Pres.):
Your Lordship is John Shepherd
in Court?

John Shepherd (Rising):
Yes, Your Honor.

Governor’s Council (Addressing Shepherd):
Were you present at the
home of William Troth at the time referred to in indictment read?

John Shepherd:
I was Your Honor.

Governor’s Council:
Do you affirm the truth
of the indictment as read.

John Shepherd:
I do Your Honor (Sits)

Governor’s Council (To Sec.)
Proceed.

Secretary of President:
Before I could speak any
more words to him, come to the doore Thomas Bussey. I turned me about to
speake to the said Thomas; while my back was toward the Indian the said
Indian made ready his Gunn; I presently turned about again and seeing the
muzzle of the gunn towards me, I endeavored to get hold of it, but before
I could she went off, and with the bonding of my body to get hold of the
gun, the shott mist. When he saw he had done no execution he took
his Tomahawke, and followed me abut eight or ten yards; and when I saw
he followed me I called for my gunn, and as soon as he heard me call for
my gunn he ran and when he was about thirty yards from me I discharged
my gun at him. (Sec. sits.)

Governor’s Council (Addressing Assembly)
Thomas Bussey, stand.

Thos. Bussey (stands and bows):
Your Lordship.

Governor’s Council (Addressing Bussey):
Were you present on the
18th of December 1682 when Poh Poh Caquis attacked William Troth as charged.

Thos. Bussey:
I was your Lordship.

Governor’s Council:
Thomas Bussey do you affirm
that this accusation charging Poh Poh Caquis with an attempt on the life
of William Troth of Dover Bridge is true?

Thos. Bussey:
The charge is true Your
Lordship. (Gov. Council and Bussey sits.)

Pres. of Court:
The indictment has been
read and its truth affirmed by these witnesses. Interpreter will
you ask the prisoner why he denied his tribe.

(Mock interpretation)

Interpreter (To Pres. of Court):
The prisoner says he was
drunk and knew not what he did.

Pres. of Court (To interpreter):
Ask the prisoner what defense
he makes.

(Mock interpretation)

Interpreter (To the Pres. of Court):
The prisoner says he was
drunk otherwise he would not have shot at William Troth or have done any
mischief.

Pres. of Court (To interpreter):
Tell the Indians that it
is the English law that if a man do mischief he must suffer. If drunkenness
is an excuse then the English might make themselves drunk and kill Indians.

(King Ababscoete confer with Interpreter.)

Interpreter (To Assembly):
King Ababsco says that an
English man shott at three Indian boyes but the came home not hurt, soe
took noe notice.

Governor’s Council (Interrupting):
Tell him the English were
not informed. If they had the English man should have suffered as
the law prescribes in such cases.

Pres. of Court (Ignoring Council’s words):
Tell the Indians we can
remember several miscarriages of their people, for which they have not
been punished but we came not here to call to mind old differences but
rather expect they should be forgot on both sides; but now we have taken
this prisoner in fact he ought to suffer. We desire to know whether
they justify the prisoner.

(Mock interpretation)

Interpreter:
They say they cannot justify
the prisoner, neither did they come to excuse him.

Pres. of the Court:
Tell them that it is the
custom of Christian Nations, that, if the peace is broken, he that doeth
it must surely die, and this Indian by the law deserves death; but that
the English are not desirous to exercise this rigour of the Lawe; therefore
Poh Poh Caquis shall be carried to the whipping post and have twenty lashes
on his bare back.

Interpreter (After mock interpretation):
Your Lordship, the Indians
consent and have commanded one of their great men, Weahquap to execute
the judgment. (Constable, prisoner and Indians turn to leave.)

Governor’s Council (With Emphasis) (Indians turn):
Your Lordship the punishment
is not sufficient.

(Mock Interpretation)

Interpreter:
King Ababsco and King Tequassimo
engage their words for the prisoner’s good behavior forever hereafter.

Gov. Council:
It is not enough.
Poh Poh Caquis may, notwithstanding, doe further mischielf. Troth’s
life may be in constant danger. In what custody will they keep him.

(Pres. Order Interpretation.)

Interpreter:
Your Lordship, the Indians
do not know how to secure him. They can say not more than Abatsawok
had said formerly,-- that they left it to his Lordship.

Pres. of Court:
The order is given that
Poh Poh Caquis receive twenty lashes on his bare back. This for his
evil attack. Moreover for the further safety of the English the Court
decree that after this punishment Poh Poh Caquis be transported into some
part beyond the sea, as a villan not fit to be trusted here without danger
of having the peace broken.
The Constable may remove
the prisoner and after Wewahquap hath executed the sentence, the sentence
of twenty lashes on the bare back, Poh Poh Caquis may be delivered to the
High Sheriff of St. Mary’s. (Constable leads out Poh Poh Caquis followed
by Indians. Conversation and handshaking among men.)

Pres. of Court:
The trial of Poh Poh Caquis
being ended this Special Commission has fulfilled it duty and adjourns
the Court.